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FL - Question regarding use of pers/vac hrs

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  • FL - Question regarding use of pers/vac hrs

    Is there any laws or regulations in Florida and Georgia regarding mandatory use of vacation and/or personal days? We have a number of employees who, when they call in sick, do not want to use up their personal days or vacation days so they can save them for use around the holidays. They indicate this on their timesheets, that they want zero pay for that day. Can we as an employer say no, they must use up a sick day or personal day if one is available. Also, if we do not have this specifically mentioned in our employee handbook, can we still enforce this policy?

  • #2
    Yes and yes. No state except CA limits the employer's ability to force the use of vacation or sick tine, and even CA only limits it in some circumstances. You most certainly may require an employee to use their paid leave over taking an unpaid day, and it is not required that you have a written policy in order to enforce it.

    If you have not been doing this up to now, though, it would probably be a good idea to send a written notice to your employees that effective xx/xx/2006, you will no longer permit the use of unpaid time for absences as long as paid time off is available. You can still do it whether you send this notice around or not, but you'll be in a stronger position, should someone complain, if you've given them notice up front.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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